Section 36: Production of registers and records

The Occupational Safety, Health and Working Conditions Code, 2020 (Act No. 37 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter VII: Maintenance of Registers, Records and Returns
Competent Labour Forum
Act No. 37 of 2020

Legal Commentary & Landmark Judgments: Section 36

Section 36 of the Occupational Safety, Health and Working Conditions Code, 2020 delineates the powers and duties of the District Magistrate, empowering executive magistracy to coordinate safety administration, direct police assistance for inspections, and oversee emergency disaster responses in hazardous industrial establishments.

  • Executive Magisterial Safety Jurisdiction: Vests the District Magistrate with administrative and executive magisterial authority to oversee industrial safety compliance, disaster mitigation, and public safety in industrial areas within their district.
  • Authority to Order Police Assistance: Empowers the District Magistrate to direct local police authorities to provide protection and armed escorts to Inspector-cum-Facilitators when obstruction, violence, or resistance is encountered during inspections.
  • Emergency Safety Coordination & Disaster Response: In the event of major chemical leaks, structural collapses, or mine inundations, the District Magistrate acts as the incident commander under the Disaster Management Act, 2005, enforcing immediate safety containment.
Key Landmark Precedents:
  • M.C. Mehta v. Union of India (1987) 1 SCC 395: Supreme Court underscored the critical responsibility of District Magistrates and district administration in coordinating emergency responses and enforcing containment orders in hazardous industrial disasters.
  • Union Carbide Corp. v. Union of India (1989) 2 SCC 540: Supreme Court highlighted the indispensable evidentiary and coordination functions exercised by District Magistrates during post-disaster industrial inquiries and site management.
Courtroom Practice & Strategic Litigation Guidance:

Establishments handling hazardous chemicals, combustible materials, or deep mining must maintain active coordination with the District Disaster Management Authority (DDMA) headed by the District Magistrate. Conduct regular joint mock drills and file annual off-site emergency plans with the DM's office to demonstrate robust statutory alignment.